Las Vegas DUI Charges? Why Hiring an Attorney is Crucial
Getting arrested and charged with driving under the influence (DUI) can be a frightening and confusing experience. One of the first decisions you will need to make after being arrested for DUI is whether to hire an attorney. To help you make the right decision, you need to understand why hiring a Las Vegas DUI attorney is crucial.
Bail Reduction
If this is your first arrest and no aggravating factors (such as serious injury or death) were present, your bail will likely be set low or you will be released on your own recognizance (OR’d), meaning you are released based only on your promise to return to court and follow all conditions of release. If, however, you have an extensive criminal history, have been convicted of DUI in the past, or there are aggravating circumstances involved, your bail may be set at an amount that you cannot pay. In that case, hiring an experienced Las Vegas DUI attorney is crucial because your attorney can request a bail hearing at which your attorney will argue for a reduction in the bail amount previously set.
Protecting Your Rights
As the defendant in a criminal prosecution, you have several important rights that are guaranteed to you in the U.S. Constitution. Not only will an attorney protect your rights going forward, but your attorney can also review what happened during the traffic stop that led to your arrest and your subsequent arrest and determine if any of your rights have already been violated. For example, if the police did not have a valid, legal reason to conduct the initial stop, that would be a violation of your rights. Likewise, if the police continued to question you after you asked for an attorney, your rights were violated, and your attorney can attempt to have any evidence obtained as a result of that violation excluded from the case.
Investigating Your Case
Some DUI cases are relatively straightforward, requiring very little investigation. Others, however, are more complicated. When that is the case, you should not have to rely on evidence gathered by the State to prepare your defense. Despite the fact that the State is legally required to turn over exculpatory evidence, you need an experienced Las Vegas DUI attorney on your side to conduct an independent investigation. It may turn out, for example, that the breath test machine has not been calibrated in years, potentially skewing the test results.
Negotiating a Plea Agreement
The prosecuting attorney may offer you a plea agreement in return for you pleading guilty to driving under the influence. You should never accept a plea agreement before discussing the terms of that agreement with an attorney and having a complete understanding of the consequences of accepting the agreement. If, after consulting with your attorney, you decide that a plea agreement is in your best interest, you need an experienced Las Vegas DUI attorney to negotiate favorable terms for that agreement.
Defending You at Trial
Although the prosecutor may try to convince you to accept a guilty plea agreement, you are never required to do so. One of your constitutional rights is the right to have a jury of your peers decide the outcome of your case. You also have the right to waive your right to a trial by jury and allow a judge to render the verdict in your case. Before deciding how to proceed, you should discuss all options with an experienced Las Vegas DUI attorney. If you decide to proceed to trial, your attorney will mount an aggressive defense to try and avoid a conviction.
What Should I Do If I Was Arrested for DUI in Las Vegas?
If you were arrested and charged with driving under the influence in Las Vegas, consult with a DUI attorney at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.